[1] This is an appeal against the decision of the Sessions Court Judge (hereinafter referred to as 'SCJ') dismissing the appellant's Originating Summons No JA-B54-6-09-2016 (hereinafter referred to as 'OS') in which the appellant sought for a declaration under s 96(3) of the Road Transport Act 1987 (hereinafter refer to as 'the RTA ') that the policy insurance No J/14/ VP00/134473/JHR-51 (hereinafter referred to as 'the Policy') in respect of a motor vehicle JNF 7487 (hereinafter referred to as 'the insured subject matter') which was involved in a road accident on 24 July 2015 was void.

[2] On 3 October 2017, this Court allowed the appellant's appeal. The reasons for the decision of this Court are set down as below.

Salient Facts

[3] On 24 July 2015, the insured subject matter was driven by the 1st respondent. The 1st respondent met a tragic accident along Jalan Gelang Patah. The accident involved the 3rd respondent's husband, the 4th respondent and a pillion rider who was the 5th defendant, and the 6th respondent's son. Four vehicles were involved in the accident, namely, motorcycle MCQ 5520 which the 3rd respondent's husband rode, motorcycle JNA 5704 which the 4th respondent rod